UNITED STATES DISTRICT COURT FOR THE ... - IP Case...

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

PARUS HOLDINGS INC., Plaintiff, v. AMAZON.COM, INC. Defendant.

) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 6:19-cv-00454 JURY TRIAL DEMANDED

PARUS HOLDINGS INC.’S COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Parus Holdings Inc. (“Parus” or “Plaintiff”) brings this Complaint for Patent

infringement (“Complaint”) and for Jury Trial against Amazon.com, Inc. (“Amazon” or

“Defendant”). Parus alleges as follows:

THE PARTIES

1. Plaintiff Parus Holdings Inc. is a Delaware corporation having its principal place

of business at 3000 Lakeside Drive, Suite 110S, Bannockburn, IL 60015.

2. Parus is the owner by assignment of U.S. Patent No. 7,076,431 (“the ’431

Patent”) (attached as Exhibit 1) and U.S. Patent No. 9,451,084 (“the ’084 Patent”) (attached as

Exhibit 2).

3. Defendant Amazon.com, Inc. is a Delaware corporation with its principal office at

410 Terry Avenue North, Seattle, WA 98109. Amazon.com, Inc. can be served through its

registered agent, Corporation Service Company, 2711 Centerville Rd., Wilmington, DE 19808.

Case 6:19-cv-00454-ADA Document 1 Filed 08/06/19 of 123

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4. Amazon has a regular and established place of business in this District including

distribution facilities, employees, and other business. For example, Amazon has a fulfillment

center at 2093, 2209 Rutland Drive, Austin, TX 78758. Further, Amazon currently employs over

5,600 workers in the Austin area and has plans to add over 800 additional jobs.

https://www.statesman.com/news/20190328/amazon-plans-austin-expansion-that-will-add-800-

jobs. Amazon offers its products and services, including those accused herein of infringement, to

customers located in Austin. Amazon derives financial benefits through its business in Austin.

5. Amazon has placed or contributed to placing infringing products like the Amazon

Echo into the stream of commerce via an established distribution channel knowing or

understanding that such products would be sold and used in the United States, including in the

Western District of Texas. On information and belief, Amazon also has derived substantial

revenues from infringing acts in the Western District of Texas, including from the sale and use of

infringing products like the Amazon Echo.

6. Amazon had constructive notice of the ’431 Patent based on Parus’s marking at

least as of June 18, 2007.


least as of February 21, 2018.

JURISDICTION AND VENUE

8. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. Accordingly, this Court has subject matter

jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).

9. This Court has specific personal jurisdiction over Defendant at least in part

because Defendant conducts business in this Judicial District. Parus’s causes of action arise, at

least in part, from Defendant’s contacts with and activities in the State of Texas and this Judicial


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District. Upon information and belief, each Defendant has committed acts of infringement

within the State of Texas and this Judicial District by, inter alia, directly and/or indirectly using,

selling, offering to sell, or importing products that infringe one or more claims of the ’431 Patent

and/or the ’084 Patent.

10. Defendant has committed acts within this District giving rise to this action, and

have established sufficient minimum contacts with the State of Texas such that the exercise of

jurisdiction would not offend traditional notions of fair play and substantial justice.

11. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b), (c), and

1400(d). Venue is proper for Amazon.com, Inc. because Amazon.com, Inc. (1) has a regular and

established place of business in this Judicial District, and (2) has committed and continues to

commit acts of patent infringement in this Judicial District by, inter alia, directly and/or

indirectly using, selling, offering to sell, or importing products that infringe one or more claims

of the ’431 Patent and/or the ’084 Patent.

COUNT I

AMAZON’S INFRINGEMENT OF U.S. PATENT NO. 7,076,431

12. Parus restates and incorporates by reference all of the allegations made in the

preceding paragraphs as though fully set forth herein.

13. Parus is the owner, by assignment, of the ’431 Patent. A true copy of the ’431

Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 1.

14. Amazon has directly infringed, and continues to directly infringe, literally or

under the doctrine of equivalents, at least independent claim 1 of Parus’s ’431 Patent by making,

using, selling, and/or offering for sale its products that include Amazon’s Alexa virtual assistant

(“Alexa”), in the United States, in violation of 35 U.S.C. § 271(a).


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least as of June 18, 2007. Upon filing of the complaint or shortly thereafter, Defendant had

actual knowledge of the ’431 Patent.

16. Amazon’s acts of direct infringement of the ’431 Patent are willful, and have

caused and will continue to cause substantial damage and irreparable harm to Parus, and Parus

has no adequate remedy at law.

17. Various Amazon products with Alexa made or sold by Amazon directly infringe

at least independent claim 1 of the ’431 Patent, including at least the Amazon Echo and other

Amazon products that incorporate Alexa (“Amazon Accused Products”). For example, the

Amazon Echo comes with Alexa preinstalled.

See, e.g., https://www.amazon.com/gp/product/B06XCM9LJ4/ref=s9_acsd_al_bw_c_x_6_w?pf_rd_m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-4&pf_rd_r=7 WEC0RE7WX 15PC8 SY4 BY& pf_rd_t=101&pf_rd_p=26ee7d18-7cee-420f-a95c-f4be02106756&pf_rd_i=9818047011.

See, e.g., What is Alexa, and what can Amazon’s virtual assistant do for you? (Feb. 16, 2019), available at https://www.digitaltrends.com/home/what-is-amazons-alexa-and-what-can-it-do/.


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18. Further, Amazon makes instructions available for setting up and using the

Amazon Echo in conjunction with Alexa.

See, e.g, https://m.media-amazon.com/images/G/01/kindle/merch/2018/Alexa/User_Guide/Update/Echo_Plus_2nd_Gen_QSG_US._CB1539033940_.pdf?pf_rd_m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-5&pf_rd_r=GT6YH640T1R7NT78C62S&pf_rd_t=101&pf_rd_p=116e29b1-6379-409e-a135-db7ad24bd07e&pf_rd_i=18116225011.

See, e.g., https://www.amazon.com/All-new-Echo-Plus-2nd-built/dp/B0794W1SKP/ref=sr_1_2?keywords=echo&qid=1562871943&s=gateway&sr=8-2 .

19. Each Amazon Accused Product comprises a system for retrieving information

from pre-selected web sites by uttering speech commands into a voice enabled device and for

providing to users retrieved information in an audio form via said voice enabled device. See e.g.,

Andrew Nusca, How voice recognition will change the world (Nov. 4, 2011), available at

https://www.zdnet.com/article/how-voice-recognition-will-change-the-world/; Gene Munster,

Will Thompson, Annual Digital Assistant IQ Test – Siri, Google Assistant, Alexa, Cortana (Jul.


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25, 2018), available at https://loupventures.com/annual-digital-assistant-iq-test-siri-google-

assistant-alexa-cortana/; Voice Browsing (Jan. 29, 2019), available at

https://www.w3.org/standards/webofdevices/voice; What is Alexa, and what can Amazon’s

virtual assistant do for you? (Feb. 16, 2019), available at

https://www.digitaltrends.com/home/what-is-amazons-alexa-and-what-can-it-do/; Alexa Voice

Service, available at https://developer.amazon.com/alexa-voice-service; Alexa Skills Set,

Amazon Alexa, https://developer.amazon.com/en-US/alexa/alexa-skills-kit.

20. For example, each of the Amazon Accused Products, including the Amazon Echo,

includes a microphone and a speaker:

See, e.g., https://www.amazon.com/dp/B07456BG8N?tag=googhydr-20&hvadid=333263006615&hvpos=1t1&hvnetw=g&hvrand=17718345068411276924&hvpone=&hvptwo=&hvqmt=e&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1018127&hvtargid=kwd-295921616770&ref=pd_sl_2g7cb1h5ze_e#tech.


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See, e.g., https://www.amazon.com/All-new-Echo-Plus-2nd-built/dp/B0794W1SKP/ref=sr_1_2?keywords=%20echo&qid=1562871943&s=gateway&sr=8-2.

What is Alexa, and what can Amazon’s virtual assistant do for you? (Feb. 16, 2019), available at https://www.digitaltrends.com/home/what-is-amazons-alexa-and-what-can-it-do/.

21. The Amazon Accused Products in conjunction with Alexa include a computer,

said computer operatively connected to the internet. For example, the Amazon Echo includes a

Texas Instruments DM3725 ARM Cortex-A8 processor.


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See, e.g., https://www.ifixit.com/Teardown/Amazon+Echo+Teardown/33953

22. That computer is operatively connected to the internet because the Amazon Echo

includes both Wi-Fi connectivity and cellular connectivity.

See, e.g., https://www.amazon.com/All-new-Echo-Plus-2nd-built/dp/B0794W1SKP/ref=sr_1_2?keywords= echo&qid=1562871943&s=gateway&sr=8-2


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See, e.g., https://www.amazon.com/b/ref=aeg_lp_comm_d/ref=s9_acss_bw_cg_aegflp_1b1_w?node=17934681011&pf_rd_m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-6&pf_rd_r=JCEXPV9CFAK9TVXXVEKA&pf_rd_t=101&pf_rd_p=02147624-e148-4901-b449-773097cfa62e&pf_rd_i=17934672011 .

23. The Amazon Accused Products in conjunction with Alexa include a voice enabled

device operatively connected to their included computer, and that voice enabled device is

configured to receive speech commands from users.

24. For example, Amazon Echo in conjunction with Alexa is a voice enabled device

because the Amazon Echo includes a microphone:


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See, e.g., https://www.amazon.com/dp/B07456BG8N?tag=googhydr-20&hvadid=333263006615&hvpos= 1t1&hvnetw=g&hvrand=17718345068411276924&hvpone=&hvptwo=&hvqmt=e&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1018127&hvtargid=kwd-295921616770&ref=pd_sl_2g7cb1h5ze_e#tech.

See, e.g., https://www.amazon.com/All-new-Echo-Plus-2nd-built/dp/B0794W1SKP/ref=sr_1_2?keywords=%20echo&qid=1562871943&s=gateway&sr=8-2

25. Further, the microphone operatively connected to the Amazon Echo in

conjunction with Alexa is configured to receive speech commands from users.


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See, e.g., https://developer.amazon.com/alexa-voice-service/what-is-avs?linkCode=w61&imprToken= r0iiuJ6M7dIbzmX940rclw&slotNum=1


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See, e.g., Amazon, White Paper, Alexa Privacy and Data Handling Overview (July 20, 2018) at 1.

See, e.g., Alexa Skills Set, Amazon Alexa, https://developer.amazon.com/en-US/alexa/alexa-skills-kit.

26. The Amazon Echo device in conjunction with Alexa retrieves information from

pre-selected websites that have already been crawled.


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See, e.g., https://www.theverge.com/2017/8/30/16224876/microsoft-amazon-cortana-alexa-partnership

See, e.g., http://help.bing.microsoft.com/#apex/18/en-US/10016/0

See, e.g., https://www.bing.com/webmaster/help/how-to-report-an-issue-with-bingbot-25c19802


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See, e.g., https://www.bing.com/webmaster/help/which-crawlers-does-bing-use-8c184ec0


15

See, e.g., https://www.searchenginejournal.com/why-how-bing-plans-to-improve-its-crawler-bingbot/291979/#close

See id.


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See, e.g., https://developer.amazon.com/alexa-voice-service.

27. Each of the Amazon Accused Products includes at least one speaker-independent

speech recognition device, which is operatively connected to the computer and to the voice

enabled device. For example, the Amazon Echo allows a user to talk through the device to send

commands to the cloud.

See, e.g., https://developer.amazon.com/en-US/alexa/alexa-skills-kit.


17

See, e.g., https://www.amazon.com/dp/B07456BG8N?tag=googhydr-20&hvadid=333263006615 &hvpos =1t1&hvnetw=g&hvrand=17718345068411276924&hvpone=&hvptwo=&hvqmt=e&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1018127&hvtargid=kwd-295921616770&ref=pd_sl_2g7cb1h5ze_e#tech (annotation added).

See, e.g., id. (annotation added)


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See, e.g.,https://www.amazon.com/dp/B07456BG8N?tag=googhydr-20&hvadid=333263006615 &hvpos= 1t1&hvnetw=g&hvrand=17718345068411276924&hvpone=&hvptwo=&hvqmt=e&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1018127&hvtargid=kwd-295921616770&ref=pd_sl_2g7cb1h5ze_e.



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See, e.g., https://www.amazon.com/b/ref=aeg_lp_comm_d/ref=s9_acss_bw_cg_aegflp_1b1_w? node= 17934681011&pf_rd_m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-6&pf_rd_r= JCEXPV9CF AK9TVXXVEKA&pf_rd_t=101&pf_rd_p=02147624-e148-4901-b449-773097cfa62e&pf_rd_i=17934672011.

28. Each of the Amazon Accused Products includes at least one speech synthesis

device, said speech synthesis device operatively connected to its computer and to its voice

enabled device. For example, the Amazon Echo in conjunction with Alexa can handle voice

commands on the device itself or with help from the cloud.


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29. The Amazon Accused Products include at least one instruction set for identifying

said information to be retrieved, and those instruction sets being associated with the computer.


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30. For example, because the Amazon Echo in conjunction with Alexa can handle

voice commands on the device itself or with help from the cloud, there is an instruction set for

identifying said information to be retrieved, said instruction set being associated with said

computer.



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31. The aforementioned instruction set for each of the Amazon Accused Products

comprises a plurality of pre-selected web site addresses, each said web site address identifying a

web site containing said information to be retrieved. For example, the Amazon Echo retrieves

information from pre-selected websites that have already been crawled.



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See id.


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32. Microsoft / Bing uses technology to crawl the web to index web sites with

information to respond to a search request. The indexed websites are identified by web site

addresses. These indexed websites are “a plurality of pre-selected web site addresses,” and each

such website “indentif[ies] a web site containing said information to be retrieved.”

33. The Amazon Accused Products include at least one recognition grammar

associated with said computer, each said recognition grammar corresponding to each said

instruction set and corresponding to a speech command.

34. For example, on information and belief, the Amazon Echo, in connection with

Alexa, utilizes an artificial neural network, which is a speech recognition grammar, to process

voice commands. On information and belief, Amazon provides the capability for a user to define

recognition grammars via skills. The Amazon Echo then also utilizes these user-defined speech

recognition grammars when executing the skills triggered by a voice command. The Amazon

Echo can handle voice commands on the device itself when offline, indicating that at least one

recognition grammar corresponding to each said instruction set and corresponding to a speech

command is on the device itself. The Amazon Echo can also handle voice commands with help

from the cloud.


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See, e.g., id. (annotation added).


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35. The speech commands of the Amazon Accused Products comprise information

requests selectable by the user.

36. For example, the Amazon Echo is a system for retrieving information from pre-

selected web sites by uttering speech commands into a voice enabled device. In marketing

materials, Amazon indicates that the Amazon Echo will make tasks easier by responding to

speech commands that comprise information requests from a user with retrieved information in

an audio form.


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45


See id.


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37. The retrieve information is in audio form via the voice enabled device. For

example, Amazon indicates that one can “use voice to set timers, add items to lists, and create

calendar events and reminders. [One] can also check the news, weather or traffic.” On

information and belief, the Amazon Echo device in conjunction with Alexa provides the

retrieved information in an audio form via said voice enabled device.

See, e.g., https://www.amazon.com/All-new-Echo-Plus-2nd-built/dp/B0794W1SKP/ref=sr_1_2?keywords =echo&qid=1562871943&s=gateway&sr=8-2.


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38. The speaker-independent speech recognition device of the Amazon Accused

Products in conjunction with Alexa are configured to receive from users via the voice enabled

device speech commands and to select the corresponding recognition grammar upon receiving

the speech commands.


voice commands on the device itself or with help from the cloud, there is a recognition grammar

corresponding to each said instruction set and corresponding speech command.



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40. The computer of the Amazon Accused Products in conjunction with Alexa is

configured to retrieve said instruction set corresponding to said recognition grammar selected by

said speaker-independent speech recognition device.





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53




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See, e.g., https://www.amazon.com/dp/B07456BG8N?tag=googhydr-20&hvadid=333263006615 &hvpos =1t1&hvnetw=g&hvrand=17718345068411276924&hvpone=&hvptwo=&hvqmt=e&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1018127&hvtargid=kwd-295921616770&ref=pd_sl_2g7cb1h5ze_e#tech (annotations added).

See, e.g., id. (annotations added).


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42. The computer included in each Amazon Accused Product with Alexa is further

configured to access at least one of the plurality of web sites identified by the instruction set to

obtain the information to be retrieved, access the first web site of the plurality of web sites and, if

the information to be retrieved is not found at the first web site, to sequentially access the

plurality of web sites until the information to be retrieved is found or until the plurality of web

sites has been accessed.

43. For example, the Amazon Echo device in conjunction with Alexa retrieves



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See id.


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44. The speech synthesis devices of the Amazon Accused Products with Alexa are

configured to produce an audio message containing any retrieved information from the pre-

selected web sites, and are further configured to transmit said audio message to the users via the

voice enabled device.





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46. The retrieved information is in an audio form via said voice enabled device as

Amazon indicates that one can “use voice to set timers, add items to lists, and create calendar

events and reminders. [One] can also check the news, weather or traffic.” On information and

belief, the Amazon Echo device in conjunction with Alexa provides the retrieved information in

an audio form via said voice enabled device.


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47. In addition to directly infringing the ’431 Patent, Amazon indirectly infringes the

’431 Patent pursuant to 35 U.S.C. § 271(b) and (c). Amazon has had knowledge of the ’431

Patent since at least the filing of this complaint, and has been on constructive notice of the ’431

Patent due to Parus’ marking since at least June 18, 2007. By the time of trial, Amazon will have

known and intended (since receiving such notice) that their continued actions would actively

induce the infringement of the claims of the ’431 Patent.

48. Amazon indirectly infringes the ’431 Patent by instructing, directing and/or

requiring others, including customers, purchasers, users and developers, to perform one or more

of the steps of the method claims, either literally or under the doctrine of equivalents, of the ’431

Patent, where all the steps of the method claims are performed by either Amazon, its customers,

purchasers, users, and developers, or some combination thereof. Amazon knew or should have

known that it was inducing others, including customers, purchasers, users, and developers, to


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infringe by practicing, either themselves or in conjunction with Amazon, one or more method

claims of the ’431 Patent.

49. Upon information and belief, Amazon knowingly and actively aided and abetted

the direct infringement of the ’431 Patent by instructing and encouraging its customers,

purchasers, users, and developers to use the ’431 Patent methods and technology. These

instructions of encouragement include, but are not limited to, using the accused products as

described in the claims of the ’431 Patent, in advertising and promoting the use of the ’431

Patent’s claimed technology, and as further described in above.

50. Amazon has also infringed, and continues to infringe, claims of the ’431 Patent by

offering to commercially distribute, commercially distributing, making and/or importing the

Amazon Accused Products, which are used in practicing the process, or using the systems, of the

’431 Patent, and constitute a material part of the invention. Amazon knows the components in

the Amazon Accused Products to be especially made or especially adapted for use in

infringement of the ’431 Patent, not a staple article, and not a commodity of commerce suitable

for substantial noninfringing use. For example, the ordinary way of using the Amazon Accused

Products infringes the patent claims, and as such, is especially adapted for use in infringement as

set forth above. Accordingly, Amazon has been, and currently is, contributorily infringing the

’431 Patent, in violation of 35 U.S.C. § 271(c).

COUNT II

AMAZON’S INFRINGEMENT OF U.S. PATENT NO. 9,451,084

51. Parus restates and incorporates by reference all of the allegations made in the

preceding paragraphs as though fully set forth herein.


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52. Parus is the owner, by assignment, of the ’084 Patent. A true copy of the ’084

Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 2.

53. Amazon has directly infringed, and continues to directly infringe, literally or

under the doctrine of equivalents, at least independent claim 1 of Parus’s ’084 Patent by making,

using, selling, and/or offering for sale its products that include Alexa, in the United States, in

violation of 35 U.S.C. § 271(a).


least as of February 21, 2018. Upon filing of the complaint or shortly thereafter, Defendant has

actual knowledge of the ’084 Patent.

55. Amazon’s acts of direct infringement of the ’084 Patent are willful, and have

caused and will continue to cause substantial damage and irreparable harm to Parus, and Parus

has no adequate remedy at law.

56. The Amazon Accused Products made or sold by Amazon directly infringe at least

independent claim 1 of the ’084 Patent, including at least the Amazon Echo and other Amazon

products that incorporate Alexa. For example, the Amazon Echo comes with Alexa preinstalled.

See, e.g., https://www.amazon.com/gp/product/B06XCM9LJ4/ref=s9_acsd_al_bw_c_x_6_w?pf_rd_m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-4&pf_rd_r=7 WEC0RE7WX 15PC8 SY4 BY& pf_rd_t=101&pf_rd_p=26ee7d18-7cee-420f-a95c-f4be02106756&pf_rd_i=9818047011.


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See, e.g., What is Alexa, and what can Amazon’s virtual assistant do for you? (Feb. 16, 2019), available at https://www.digitaltrends.com/home/what-is-amazons-alexa-and-what-can-it-do/.

57. Further, Amazon makes instructions available for setting up and using the

Amazon Echo in conjunction with Alexa.

See, e.g, https://m.media-amazon.com/images/G/01/kindle/merch/2018/Alexa/User_Guide/Update/Echo_Plus_2nd_Gen_QSG_US._CB1539033940_.pdf?pf_rd_m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-5&pf_rd_r=GT6YH640T1R7NT78C62S&pf_rd_t=101&pf_rd_p=116e29b1-6379-409e-a135-db7ad24bd07e&pf_rd_i=18116225011.


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See, e.g., https://www.amazon.com/All-new-Echo-Plus-2nd-built/dp/B0794W1SKP/ref=sr_1_2?keywords=echo&qid=1562871943&s=gateway&sr=8-2 .

58. The Amazon Accused Products in conjunction with Alexa form a system for

acquiring information from one or more sources maintaining a listing of web sites by receiving

speech commands uttered by users into a voice-enabled device and for providing information

retrieved from the web sites to the users in an audio form via the voice-enabled device.

59. See e.g., Andrew Nusca, How voice recognition will change the world (Nov. 4,

2011), available at https://www.zdnet.com/article/how-voice-recognition-will-change-the-world/;

Gene Munster, Will Thompson, Annual Digital Assistant IQ Test – Siri, Google Assistant,

Alexa, Cortana (Jul. 25, 2018), available at https://loupventures.com/annual-digital-assistant-iq-

test-siri-google-assistant-alexa-cortana/; Voice Browsing (Jan. 29, 2019), available at

https://www.w3.org/standards/webofdevices/voice; What is Alexa, and what can Amazon’s

virtual assistant do for you? (Feb. 16, 2019), available at

https://www.digitaltrends.com/home/what-is-amazons-alexa-and-what-can-it-do/; Alexa Voice

Service, available at https://developer.amazon.com/alexa-voice-service; Alexa Skills Set,

Amazon Alexa, https://developer.amazon.com/en-US/alexa/alexa-skills-kit.


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60. For example, each of the Amazon Accused Products, including the Amazon Echo,

includes a microphone and a speaker:

See, e.g., https://www.amazon.com/dp/B07456BG8N?tag=googhydr-20&hvadid=333263006615&hvpos=1t1&hvnetw=g&hvrand=17718345068411276924&hvpone=&hvptwo=&hvqmt=e&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1018127&hvtargid=kwd-295921616770&ref=pd_sl_2g7cb1h5ze_e#tech.

See, e.g., https://www.amazon.com/All-new-Echo-Plus-2nd-built/dp/B0794W1SKP/ref=sr_1_2?keywords=%20echo&qid=1562871943&s=gateway&sr=8-2.


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61. The Amazon Echo device in conjunction with Alexa is a system for retrieving

information from pre-selected web sites by uttering speech commands into a voice enabled

device. Amazon indicates that the Amazon Echo in conjunction with Alexa will make tasks

easier.



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77



78


See id.


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events and reminders. [One] can also check the news, weather or traffic.” On information and

belief, the Amazon Echo device in conjunction with Alexa provides the retrieved information in

an audio form via said voice enabled device.



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64. The Amazon Accused Products in conjunction with Alexa include at least one

computing device, the computing device operatively coupled to one or more networks. For

example, the Amazon Echo includes a Texas Instruments DM3725 ARM Cortex-A8 processor.

See, e.g., https://www.ifixit.com/Teardown/Amazon+Echo+Teardown/33953

65. That computer is operatively connected to the internet because the Amazon Echo

includes both Wi-Fi connectivity and cellular connectivity.

See, e.g., https://www.amazon.com/All-new-Echo-Plus-2nd-built/dp/B0794W1SKP/ref=sr_1_2?keywords= echo&qid=1562871943&s=gateway&sr=8-2


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See, e.g., https://www.amazon.com/b/ref=aeg_lp_comm_d/ref=s9_acss_bw_cg_aegflp_1b1_w?node=17934681011&pf_rd_m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-6&pf_rd_r=JCEXPV9CFAK9TVXXVEKA&pf_rd_t=101&pf_rd_p=02147624-e148-4901-b449-773097cfa62e&pf_rd_i=17934672011 .


speaker-independent speech-recognition device, the speaker-independent speech-recognition

device operatively connected to the computing device and configured to receive the speech

commands.

67. For example, the Amazon Echo in conjunction with Alexa allows a user to talk

through the device to send commands to the cloud.


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speech-synthesis device, the speech-synthesis device operatively connected to the computing

device.

69. For example, the Amazon Echo in conjunction with Alexa can handle voice

commands on the device itself or with help from the cloud.



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70. The Amazon Accused Products in conjunction with Alexa include a memory

operatively associated with the computing device with at least one instruction set for identifying

the information to be retrieved, the instruction set being associated with the computing device.

71. For example, the Amazon Echo includes a memory that is associated with the

computing device and includes at least one instruction set for Alexa in order to allow Alexa to

run.


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See, e.g., Amazon, White Paper, Alexa Privacy and Data Handling Overview (July 20, 2018) at 6-7.

72. A Person of Ordinary Skill in the Art (“POSITA”) would understand that this

memory would be operatively coupled to the computing device and there would be at least one

instruction set being associated with the computing device stored therein.


instruction set for identifying the information to be retrieved comprising a plurality of web site

addresses for the listing of web sites, each web site address identifying a web site containing the

information to be retrieved.

74. For example, the Amazon Echo device in conjunction with Alexa retrieves




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See id.


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75. Microsoft / Bing uses technology to crawl the web to index web sites with

information to respond to a search request. The indexed websites are identified by web site

addresses. These indexed websites are “a plurality of pre-selected web site addresses,” and each

such website “indentif[ies] a web site containing said information to be retrieved.”


recognition grammar associated with the computing device, each recognition grammar

corresponding to each instruction set and corresponding to a speech command, the speech

command comprising an information request provided by the user, the speaker-independent

speech-recognition device configured to receive the speech command from the users via the

voice-enabled device and to select the corresponding recognition grammar upon receiving the

speech command.

77. For example, on information and belief, the Amazon Echo, in connection with

Alexa, utilizes an artificial neural network, which is a speech recognition grammar, to process

voice commands. On information and belief, Amazon provides the capability for a user to define

recognition grammars via skills. The Amazon Echo then also utilizes these user-defined speech

recognition grammars when executing the skills triggered by a voice command. The Amazon


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Echo can handle voice commands on the device itself when offline, indicating that at least one

recognition grammar corresponding to each said instruction set and corresponding to a speech

command is on the device itself. The Amazon Echo can also handle voice commands with help

from the cloud.



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78. The computing device of the Amazon Accused Products in conjunction with

Alexa is configured to retrieve the instruction set corresponding to the recognition grammar

provided by the speaker-independent speech-recognition device.





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80. The Amazon Accused Products in conjunction with Alexa include the computing

device further configured to access at least one of the plurality of web sites identified by the

instruction set to obtain the information to be retrieved, wherein the computing device is further

configured to periodically search via the one or more networks to identify new web sites and to

add the new web sites to the plurality of web sites, the computing device configured to access a

first web site of the plurality of web sites and, if the information to be retrieved is not found at

the first web site, the computer configured to access the plurality of web sites remaining in an

order defined for accessing the listing of web sites until the information to be retrieved is found

in at least one of the plurality of web sites or until the plurality of web sites have been accessed.


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81. The Amazon Echo in conjunction with Alexa is a system for retrieving

information from web sites by uttering speech commands into a voice enabled device. For

example, Amazon indicates that the Amazon Echo in conjunction with Alexa will make tasks

easier.



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112


See id.


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events and reminders. [One] can also check the news, weather or traffic.”


84. The speech synthesis devices of the Amazon Accused Products in conjunction

with Alexa are configured to produce an audio message containing any retrieved information

from the plurality of web sites.


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events and reminders. [One] can also check the news, weather or traffic.”


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87. The speech synthesis devices of the Amazon Accused Products in conjunction

with Alexa are further configured to transmit the audio message to the users via the voice-

enabled device.

88. For example, the retrieved information is in an audio form via said voice enabled

device as Amazon indicates that one can “use voice to set timers, add items to lists, and create

calendar events and reminders. [One] can also check the news, weather or traffic.”


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89. In addition to directly infringing the ’084 Patent, Amazon indirectly infringes the

’084 Patent pursuant to 35 U.S.C. § 271(b) and (c). Amazon has had knowledge of the ’084

Patent since at least the filing of this complaint, and has been on constructive notice of the ’084

Patent due to Parus’ marking since at least February 21, 2018. By the time of trial, Amazon will

have known and intended (since receiving such notice) that their continued actions would

actively induce the infringement of the claims of the ’084 Patent.

90. Amazon indirectly infringes the ’084 Patent by instructing, directing and/or

requiring others, including customers, purchasers, users and developers, to perform one or more

of the steps of the method claims, either literally or under the doctrine of equivalents, of the ’084

Patent, where all the steps of the method claims are performed by either Amazon, its customers,

purchasers, users, and developers, or some combination thereof. Amazon knew or should have

known that it was inducing others, including customers, purchasers, users, and developers, to


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infringe by practicing, either themselves or in conjunction with Amazon, one or more method

claims of the ’084 Patent.

91. Upon information and belief, Amazon knowingly and actively aided and abetted

the direct infringement of the ’084 Patent by instructing and encouraging its customers,

purchasers, users, and developers to use the ’084 Patent methods and technology. These

instructions of encouragement include, but are not limited to, using the accused products as

described in the claims of the ’084 Patent, in advertising and promoting the use of the ’084

Patent’s claimed technology, and as further described in above.

92. Amazon has also infringed, and continues to infringe, claims of the ’084 Patent by

offering to commercially distribute, commercially distributing, making and/or importing the

Amazon Accused Products, which are used in practicing the process, or using the systems, of the

’084 Patent, and constitute a material part of the invention. Amazon knew the components in the

Amazon Accused Products to be especially made or especially adapted for use in infringement of

the ’084 Patent, not a staple article, and not a commodity of commerce suitable for substantial

noninfringing use. For example, the ordinary way of using the Amazon Accused Products

infringes the patent claims, and as such, is especially adapted for use in infringement as set forth

above. Accordingly, Amazon has been, and currently is, contributorily infringing the ’084

Patent, in violation of 35 U.S.C. § 271(c).

PRAYER FOR RELIEF

WHEREFORE, Parus requests the Court grant the relief set forth below:

A. Enter judgment that Defendant has infringed, and continues to infringe, one or

more claims of the ’431 Patent and/or the ’084 Patent;

B. Enter judgment that Defendant’s acts of patent infringement are willful;


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C. Temporarily, preliminarily, or permanently enjoin Defendant, its parents,

subsidiaries, affiliates, divisions, officers, agents, servants, employees, directors, partners,

representatives, all individuals and entities in active concert and/or participation with Defendant,

and all individuals and/or entities within Defendant’s control from engaging in the aforesaid

unlawful acts of patent infringement;

D. Order Defendant to account for and pay damages caused to Parus by Defendant’s

unlawful acts of patent infringement;

E. Award Parus increased damages and attorney fees pursuant to 35 U.S.C. §§ 284

and 285;

F. Award Parus the interest and costs incurred in this action; and

G. Grant Parus such other and further relief, including equitable relief, as the Court

deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial for all issues deemed to be triable by a jury.

DATED: August 6, 2019 Respectfully submitted, By /s/ Michael N. McNamara w/permission by T. John Ward, Jr. Michael N. McNamara - Lead Counsel Massachusetts BBO No. 665885 [email protected] Michael T. Renaud Massachusetts BBO No. 629783 [email protected] Kristina R. Cary Massachusetts BBO No. 688759 [email protected] Tiffany Knapp Massachusetts BBO No. 694070 [email protected]


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MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC One Financial Center Boston, MA 02111 Tel: 617-542-6000 Fax: 617-542-2241 www.mintz.com Of Counsel: T. John Ward, Jr. Texas State Bar No. 00794818 E-mail: [email protected] Andrea L. Fair Texas State Bar No. 24078488 E-mail: [email protected] WARD, SMITH & HILL, PLLC PO Box 1231 Longview, Texas 75606-1231 (903) 757-6400 (telephone) (903) 757-2323 (facsimile)


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